In defense of Judicial Activism

Catchy title huh?
So apparently last week in Oklahoma, there was a meeting of extremists that called for the impaling of judges, Stalinistic extermination solutions, and yes a more legal Bill that requires judges to acknowledge"God as the sovereign source of law, liberty, or government," . (Excuse me while I revert to my teenage years um gag me with a spoon!)
You can read the entire article in The Nation.

Now that I am done gagging, I am still shuddering though. I want to point a few things out to these idjits, not that they will read this but my ire is up.
First anytime any judge makes a decision he INTERPRETS the LAW, and therefore frequently makes law. If it is a new law, guess what? A district judge makes NEW LAW. The judges decision will be challaged and taken to higher courts where guess fucking what? Those esteemed judges will INTERPRET and MAKE LAW. It is the way it works. It was the way it is intended to work, go read Marbury v. Madison.

All courts are activist in the sense that all decisions make law one way or another. The Constitution created 3 separate branches of government to balance and check one another. We currently have 2 branches running amok unchecked all over the world, not just the United States, and they are attempting to hijack the third branch of government by calling it activist, as though that were a bad thing. I say three cheers for the Constitution and a Judicial System that is activist in the way it was intended to be.